The Trump administration has made their position on survivors of sexual assault and violence crystal clear, from the way he spoke about women on the campaign trail to the day he mocked Christine Blasey Ford at a campaign rally. When the Education Department, spearheaded by Education Secretary Betsy DeVos, released their proposal for how colleges should approach sexual misconduct cases, it came unfortunately as no surprise that the department bent the rules in favor of the accused, and away from the accuser. It is the position this administration has stood for since Day 1, despite the fact that statistics continue to point to the fact that we should do the opposite to ensure progress be made.
Will you flood Betsey DeVos's office with calls, letters and emails to make sure she knows we will not stand for an administration that puts survivor's rights on the back burner?
Here's a sneak preview into how Betsy DeVos and the Education Department's policies would affect the systemic problem that is sexual misconduct on college campuses:
1. Universities would only be held accountable for any misconduct that occurs on their campus -- so any incidents (the majority thereof in college) that occur at parties, at bars, or basically anywhere off campus, would be considered off the hook for universities. This would result in an extreme decrease of unreported assaults (for the simple fact that the majority of assaults cannot be reported due to the new rule in place).
2. Alleged victims, and abusers have the ability to request evidence from each other and cross examine each other. Victims and abusers also have the opportunity to access any evidence obtained during an investigation. Utilization of these methods was highly discouraged during the Obama investigation for obvious reasons. Officials in the previous administration cited cross examination by one's abuser as being "traumatic or intimidating, thereby possibly escalating or perpetuating a hostile environment." Creating an environment like this will also likely limit the number of reports that are made because nobody who has already undergone significant trauma will want to willingly enter into another potentially more traumatic experience.
3. The definition of sexual harassment would also take on a new, extremely limited definition: "unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it denies a person access to the school's education program or activity." A "hostile environment" is not clearly defined in this definition, leaving open much room for speculation and confusion, again potentially limiting the number of serious reports that need to be taken to law enforcement.
Let me be clear: Funding from the Violence Against Women Act is currently going towards ensuring universities are fully and fairly prosecuting sexual misconduct cases, training all staff in Title IX procedure and providing schools with the resources needed to treat sexual misconduct cases equitably. Funding for Title IX and the VAWA is handled by the Education Department. The rollbacks proposed by DeVos would severely curtail the progress universities have made -- and particularly the accountability currently on universities across the country thanks to the bravery from so many survivors brought on by the #metoo movement. By severely limiting the responsibility universities have to prosecute and resolve these cases, it is likely that we will see many of the cases we have heard about recently conveniently "disappear." We cannot let that happen, and need to make sure that the funding for Title IX and Title IX itself stay in place so that survivors can continue to seek adequate justice.
Any survivor of sexual assault or sexual violence knows that the majority -- not the minority are telling the truth. We know how difficult it is to come forward, and the hurdles in place that prevent us from getting there. These restrictions make it harder -- not easier, and grant a position of power to the perpetrator -- not the victim.
Will you flood Betsey DeVos's office with calls, letters, and social media posts to make sure she knows we will not stand for an administration that puts survivor's rights on the back burner?
Twitter: @BetsyDeVosED
Facebook: https://www.facebook.com/betsy.p.devos/
Office Address: Betsy DeVos
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202
We need to demand an administration who puts survivors first. The VAWA was the first piece of legislation that recognized this, and continues to work towards that momentous goal. Demand this same respect from all levels of government.